Section II: Bidding Data Sheet 1 Tender Terms and Conditions: 1. This invitation of bid is open to contractors, Class-Small registered with the Construction Development Board 2. The bidder shall be conducted through national competitive bidding procedures specified in the RGoB procurement manual and are open to all bidders from countries as defined in the bidding documents. 3. The quoted rate shall include materials cost, labor, all taxes, complete 4. Mandatory terms and conditions to be adhered while submitting the tender: Valid trade license and CDB certificate The bidding documents should be sealed with firm s name and should be signed by the proprietor or legally authorized representative. Bidders failing to comply with any of above conditions shall be Rejected during the time of opening of the tender 5. The work shall be carried out to the satisfaction of the Corporation in accordance with the provisions of the contract. 6. Time extension may be allowed for reasons not directly attributable to the contractor like inclusion of additional work, adverse climatic condition or other natural calamities have caused work stoppages, delay or impudent on the part of the Employer etc. 7. The Successful bidder shall be asked to enter into an agreement with the corporation and he shall be bound by the clause of the agreement in respect of the works covered therein. 8. All bids shall be accompanied by a bid security of fixed amount. 9. The Royal Insurance Corporation Procurement Manual 2015 and standard procurement manual of works (below Nu.4 million) Ministry of Finance, Royal Government of Bhutan shall be binding on both parties.
Section II: Bidding Data Sheet 2
Section II: Bidding Data Sheet 3
Section II: Bidding Data Sheet 4 1. Contractor s Bid Notes on Form of Contractor s Bid The Bidder shall fill in and submit this Bid form with the Bid. Identification No. Title of Contract: [Date.] To: The Chairman RICBL, Tender Committee HQ, Thimphu Having examined the all the Bidding Documents (with reference ITB 8), including addenda [Insert list], we offer to execute the...... in accordance with the Conditions of Contract accompanying this Bid for the Contract Price of (in figure),......[in words]... currency]. This Bid and your written acceptance of it shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest or any Bid you receive. We hereby confirm that this Bid complies with the Bid validity and Bid Security required by the Bidding Documents and specified in the Bidding Data Sheet. We, including any subcontractors or suppliers for any part of the Contract, have nationalities from eligible countries in accordance with ITB Sub-Clause 3.1; We have no conflict of interest in accordance with ITB Sub-Clause 3.2;
Section II: Bidding Data Sheet 5 Our firm, its affiliates or subsidiaries including any subcontractors or suppliers for any part of the Contract has not been declared ineligible under the laws or official regulations of Bhutan, in accordance with ITB Sub-Clause 3.3. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to contract execution if we are awarded the contract, are listed below: Name and address of agent Amount and Currency Purpose Commission gratuity of or (if none, state none ). In case if I withdraw my bid after opening for whatsoever reasons, I agree to the forfeiture of the EMD/Bid Security and also I shall be bound to pay the cost difference (positive) between my bid with that of the next lowest evaluated bidder and failure on my part to do so within a month, will authorize the client to debar my firm for a period of 2 years. Our duly executed Integrity Pact Statement is attached herewith as Appendix A. Authorized Signature: (Affix Legal Stamp) Name and Title of Signatory: Name of Bidder: Address:
Section II: Bidding Data Sheet 6 2. Bidding Data Sheet ITB 1.1 The Employer is : A. General The Chief Executive Officer, Royal Insurance Corporation of Bhutan Limited, Head Office, Thimphu The name and identification of the contract are "Construction of compound light at Head Office, Thimphu" ITB 1.2 ITB 4.3 1 ITB 4.3 (j) ITB 4.4 ITB 4.5 ITB 4.6 The Intended Completion Date is [ 3(Three) months from the commencement of the work] The information required from Bidders in ITB Sub-Clause 4.3 is modified as follows: NONE The ceiling for sub contractor's participation and conditions are : NONE The qualification data required from Bidders in ITB Sub-Clause 4.4 is modified as follows: NONE The qualification criteria in ITB Sub-Clause 4.5 are modified as follows: NONE Subcontractors experience and resources [ shall not ] be taken into account B. Bidding Documents ITB 9.1 ITB 9.2 The Employer s address for clarification is: Dy.Manager (Engineer), Real Estate Division, Head Office, Thimphu, contact # 77480601 Pre-bid Meeting shall be held on.[insert date& time if applicable] At the address given below.not Applicable C. Preparation of Bids ITB 11.1 ITB 12.1 The language of the bid is: [English] Any additional materials required to be completed and submitted by the Bidders are: (None) ITB 13.4 The Contract [ is not ] subject to price adjustment in accordance with GCC Clause 47. ITB 14.2 The authority for establishing the rates of exchange shall be the Royal Monetary Authority of
Section II: Bidding Data Sheet 7 Bhutan. ITB 14.4 ITB 15.1 ITB 16.1 & 16.2 ITB 17.1 ITB 18.1 Bidders [are not ] required to substantiate the rates and prices. The Bid shall be valid for [60 days] from the deadline for submission of Bids stipulated in ITB Clause 20.1 The Bid Security amount is: Nu. 20,000.00( Twenty Thousand) only Alternative Bids [ shall not be ] considered. In addition to the original Bid, the number of copies is [1(one) copies] D. Submission of Bids ITB 19.1 Bidders may submit their Bids electronically: No ITB 19.3 (c) The Employer s address for the purpose of Bid submission is : The Chairman RICBL, Tender Committee HQ, Thimphu ITB 19.3 (d) The name and Identification number of the contract as given in ITB 1.1 above in this sheet. ITB 19.3 (e) ITB 20.1 The warning shall read DO NOT OPEN BEFORE [15/07/2016 at 2.30 PM] The deadline for submission of Bids shall be [15/07/2016 at or before 12.30 PM] E. Bid Opening and Evaluation ITB 23.1 The Bid opening shall take place on: The Chief Executive Chamber, Head Office, Thimphu The electronic bidding is not permitted ITB 30.1 ITB 30.3 (d) ITB 30.4 Margin of domestic preference of five percent (5%) [ shall not ] apply Other criteria to be used for the purpose of assessing domestic preference eligibility are: [ none ] The procedure used to apply the margin of preference shall be: Not Applicable In the case of procurements in which any Bids are received from foreign (i.e. non-bhutanese) Bidders: (i) if two or more Bids are evaluated as equivalent in accordance with the evaluation methods
Section II: Bidding Data Sheet 8 and factors laid down in the Bidding Documents, and (ii) one or more of the Bids is from a domestic Bidder, as defined in ITB Sub-Clause 30.2, and (iii) the total price of the domestic Bid does not exceed by more than five percent (5%) the total price of the lowest priced foreign Bid evaluated as equivalent, then the Contract shall be awarded to the domestic Bid. F. Award of Contract ITB 34.1 The Performance Security shall be provided in any one of the following forms: (a) demand guarantee in the form provided for in Section X, Security Forms, or (b) banker s certified cheque/cash warrant, or (c) Demand draft. ITB 35.1 The Advance Payment shall be limited to seven percent (7%) of the Contract Price. ITB 36.1 The Adjudicator proposed by the Employer is [ shall not ] apply
Section VII: Special Conditions of Contract 9 3. Special Conditions of Contract A. General GCC 1.1 (o) GCC 1.1 (r) GCC 1.1 (v) GCC 1.1 (y) GCC 1.1 (bb) GCC 1.1 (ff) GCC 2.2 GCC 2.3 (9) The Employer is [The CEO, RICBL, Head Office, Thimphu) The Intended Completion Date for the whole of the Works shall be [3(Three) Months] The Project Manager is: Deputy Manager (Engineer), Real Estate Division, Head Office, Thimphu]. The Site is located at [Head Office Building, Thimphu] The Start Date shall be [10 days after issuance of work order]. The Works consist of "Construction of compound light at Head Office, Thimphu" Sectional Completions are: [None] The following documents also form part of the Contract: [list documents; e.g. (delete or add to as appropriate)] Schedule of Other Contractors (GCC 9) Schedule of Key Personnel (GCC 10) Site Investigation Reports (GCC 11) Schedule of Operating and Maintenance Manuals (GCC 57) GCC 3.1 The language of the contract is (English) The law that applies to the Contract is the law of the Kingdom of Bhutan. GCC 9.1 GCC 10.1 GCC 14.1 Schedule of other contractors: [None] Key Personnel: (None) The minimum insurance amounts and deductibles shall be: (a) loss of or damage to the Works, Plant and Materials to be built into the works: [within the jurisdiction of the contractor] GCC 15.1 GCC 21.1 GCC 25.2 Queries. [Not Applicable] The Site Possession Date(s) shall be: [10 days after the Issuance of work order] Fees and types of reimbursable expenses to be paid to the Adjudicator: [Not Applicable].
Section VII: Special Conditions of Contract 10 GCC 25.3 [For smaller contracts, the institution is usually from Bhutan. For contracts that are awarded to international contractors it is recommended that the arbitration procedure of an international institution be used] Institution whose arbitration procedures shall be used: For Contracts with Bhutanese Contractors Construction Development Board (CDB) or other Independent Agency: GCC Sub-Clause 24.3 All disputes arising in connection with the present Contract shall be for finally resolved by arbitration in accordance with the rules and procedures of the CDB or any other independent agency that has been appropriately mandated at the time of submission of the dispute through its National Arbitration Committee. The arbitration award shall be final on the parties who shall be deemed to have accepted to carry out the resulting award without delay and to have waived their right to any form of appeal insofar as such waiver can validly be made. For Contracts with International Contractors [one institution from among those listed below; insert the corresponding wording] United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules: GCC Sub-Clause 25.3 Any dispute, controversy or claim arising out of or relating to this Contract, or breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC): GCC Sub-Clause 25.3 All disputes arising in connection with the present Contract shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. Rules of the Arbitration Institute of the Stockholm Chamber of Commerce: GCC Sub-Clause 25.3 Any dispute, controversy or claim arising out of or in connection with this Contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. or or or
Section VII: Special Conditions of Contract 11 Rules of the London Court of International Arbitration: GCC Sub-Clause 25.3 Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference to this clause. The place of arbitration shall be: [Thimphu] GCC 26.1 Appointing Authority for the Adjudicator: [The Head, Legal]. B. Time Control GCC 27.1 The Contractor shall submit for approval a Program for the Works within [number] days from the date of the Letter of Acceptance. The Program shall include, but not be limited to, the following elements under the conditions stipulated: (a) Quality Assurance Plan (QAP) GCC 27.3 The Quality Assurance Plan shall specify the work methodology, quality control tests and intervals for such tests in accordance with the work specifications for each item of the Works. If in the opinion of the Project Manager the QAP submitted by the Contractor does not fully represent the spirit of the General Conditions of Contract or the Specifications he may seek further clarification from the Contractor before his approval. The Contractor shall strictly follow the QAP in the execution of the Works. If the Contractor does not comply with the QAP, he shall not be allowed to proceed further with the Works. Details of all procedures and compliance documents shall be submitted to the Project Manager for information before each execution stage is commenced. Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the contract. The period between Program updates is [30] days. The amount to be withheld for late submission of an updated Program is (not applicable) C. Quality Control GCC 35.1 The Defects Liability Period is: [12Months] The Defects Liability Period is usually being 12 to 24 months. D. Cost Control GCC 44.1 (l) GCC 45.1 Other Compensation Events are: None In case of certain Tax exemptions, such as in foreign assistance projects, this specific
Section VII: Special Conditions of Contract 12 exemption(s) should be clearly specified in this clause. GCC 47.1 The Contract [insert is or is not ] subject to price adjustment in accordance with GCC Clause 47. [Price Adjustment is applicable only for Contracts of duration more than 18 months} GCC 48.1 The proportion of payments retained is: [10%] GCC 49.1 GCC 50.1 GCC 50.2 GCC 51.1 The liquidated damages for the whole of the Works are [insert percentage of the final Contract Price] per day. The maximum amount of liquidated damages for the whole of the Works is [10%] of the final Contract Price. The Mobilization Advance Payment shall be seven percent (7%) of the Contract Price and shall be paid to the Contractor no later than 30 days after receipt by the Employer of an acceptable Advance Payment Guarantee. The secured advance is 75% of the cost of materials delivered at site supported by original invoices/bills from the suppliers. The Performance Security amount is [insert amount(s), shall be ten percent (10%) of the Contract Price, denominated in the types and proportions of the currencies in which the Contract Price is payable, or in a freely convertible currency acceptable to the Employer]. E. Finishing the Contract GCC 57.1 The date by which operating and maintenance manuals are required is [Not Applicable]. The date by which as built drawings are required is [Not Applicable]. GCC 57.2 GCC 58.2 (i) GCC 60.1 The amount to be withheld for failing to produce as built drawings and/or operating and maintenance manuals by the date required in GCC Sub-Clause 57.1, or failing to obtain the Project Manager s approval of them by the said date, is [Not Applicable]. The maximum number of days is: [360 days (12 months) consistent with SCC Sub- Clause 49.1 on liquidated damages]. The percentage to apply to the value of the work not completed, representing the Employer s additional cost for completing the Works, is [± 20 %]
Section VII: Special Conditions of Contract 13 INTEGRITY PACT Whereas Chief Executive Officer representing the Royal Insurance Corporation of Bhutan Limited, hereinafter referred to as the Employer on one part, and.....representing the... as the other part hereby execute this agreement as follows: This agreement should be a part of the tender document, which shall be signed and submitted along with the tender document. The head of the employing agency / or his authorized representative should be the signing authority. For the bidders, the bidder himself or his authorized representative must sign the Integrity Pact (IP). 2. Objectives Now, therefore, the Employer and the Bidder agree to enter into this pre-contract agreement, hereinafter referred to as Integrity Pact, to avoid all forms of corruption by following a system that is fair, transparent and free from any influence / unprejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into, with a view to:- 2.1. Enabling the Employer to obtain the desired contract at a reasonable and competitive price in conformity to the defined specifications of the works, goods and services; and 2.2. Enabling bidders to abstain from bribing or any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also refrain from bribing and other corrupt practices and the Employer will commit to prevent corruption, in any form by their officials by following transparent procedures. 3. Commitments of the Employer The Employer Commits itself to the following:- 3.1. The Employer hereby undertakes that no official of the Employer, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favor or any material or immaterial benefit or any other advantage from the Bidder, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the Contract. 3.2. The Employer further confirms that its officials has not favored any prospective bidder in any form that could afford an undue advantage to that particular bidder during the tendering stage, and will further treat all Bidders alike. 3.3. All the officials of the Employer shall report to the head of the employing agency or an appropriate Government office any attempted or completed violation of clauses 3.1 and 3.2. 3.4. Following report on violation of clauses 3.1 and 3.2 by official (s), through any source, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the Employer and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the Employer the proceedings under the contract would not be stalled.
Section VII: Special Conditions of Contract 14 4. Commitments of Bidders (Name of Person) (Name of Bidder) If the winning bidder had not signed during the submission of the bid, the tender shall be cancelled. The Bidder commits himself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of his bid or during any pre-contract or postcontract stage in order to secure the contract or in furtherance to secure it and in particular commits himself to the following :- 4.1. The Bidder will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the Contract. 4.2. The Bidder further undertakes that he has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favor, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the Contract or any other contract with the Government for showing or forbearing to show favor or disfavor to any person in relation to the Contract or any other contract with the Government. 4.3. The Bidder will not collude with other parties interested in the contract to preclude the competitive bid price, impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract. 4.4. The Bidder, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the Employer of their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments. 5. Sanctions for Violation The breach of any aforesaid provisions or providing false information by employers, including manipulation of information by evaluators, shall face administrative charges and penal actions as per the existing relevant rules and laws. The breach of the Pact or providing false information by the Bidder, or any one employed by him, or acting on his behalf (whether with or without the knowledge of the Bidder), or the commission of any offence by the Bidder, or any one, employed by him, or acting on his behalf, shall be dealt with as per the provisions of the Penal Code of Bhutan, 2004, and the Anti-Corruption Act, 2006. The Employer/relevant agency shall also take all or any one of the following actions, wherever required:-
Section VII: Special Conditions of Contract 15 5.1. To immediately call off the pre-contract negotiations without giving any compensation to the Bidder. However, the proceedings with the other Bidder(s) would continue. 5.2. To immediately cancel the contract, if already awarded/signed, without giving any compensation to the Bidder. 5.3. The Earnest Money / Security Deposit shall stand forfeited. 5.4. To recover all sums already paid by the Employer. 5.5. To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the Bidder, in order to recover the payments, already made by the Employer, along with interest. 5.6. To cancel all or any other Contracts with the Bidder. Section IV. Forms of Bid, Qualification Information 44 Letters of Acceptance, and Contract 5.7. To debar the Bidder from entering into any bid from the government of Bhutan as per the Debarment Rule. 6. Conflict of Interest 6.1. A conflict of interest involves a conflict between the public duty and private interests (for favor or vengeance) of a public official, in which the public official has private interest which could improperly influence the performance of their official duties and responsibilities. Conflict of Interest would arise in a situation when any concerned members of both the parties are related either directly or indirectly, or has any association or had any confrontation. Thus, conflict of interest of any tender committee member must be declared in a prescribed form (sample form attached). 6.2. The Bidder shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any committee member, and if he does so, the Employer shall be entitled forthwith to rescind the Contract and all other contracts with the Bidder. 7. Examination of Books of Accounts 7.1. In case of any allegation of violation of any provisions of this Integrity Pact or payment of commission, the Employer/authorized persons or relevant agencies shall be entitled to examine the Books of Accounts of the Bidder and the Bidder shall provide necessary information of the relevant financial documents and shall extend all possible help for the purpose of such examination. 8. Monitoring and Arbitration 8.1. The respective procuring agency shall be responsible for monitoring and arbitration of IP as per the Procurement Rules. 9. Legal Actions 9.1. The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
Section VII: Special Conditions of Contract 16 10. Validity 10.1. The validity of this Integrity Pact shall cover the tender process and extend until the completion of the contract to the satisfaction of both the Employer and the Bidder. 10.2. Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions. We, hereby declare that we have read and understood the clauses of this agreement and shall abide by it. Further, the information provided in this agreement are true and correct to the best of our knowledge and belief. The parties hereby sign this Integrity Pact at on EMPLOYER BIDDER Witness: 1. Witness: 1.
Section VII: Special Conditions of Contract 17 Name Of Work: Compound light at Head Office, Thimphu. Subject: Bill of Quantity Sl. NO 1 PA0065 Code Description Qty Unit Rate Rate (words) Amount Remarks Erection of post lamp fixtures including wiring with PVC insulated copper conductor cable 1.1KV grade 2x1.5 sq.mm through the existing pole from junction box including erection of post top lamp fixtures, lamps, connection, testing etc. complete as required, Post top lamp fixtures ( sample will be approved employer) 24 each 2 PA0075 Providing and installation of street/compound light pole earthling including connections, testing etc. complete as required including excavation and refilling. 24 each 3 PA0105 Supplying of junction box fabricated with 14SWG MS sheet, removal cover plate with gasket for dust and vermine proof, 2 earthling terminals with nut, bolts and spring washer, 2 entry holes 16mm dia at bottom, 32mm dia for cable entry at back, including 4 way terminal block with locking arrangement and finish coat painting complete with all accessories as required as per standard drawing, MS junction box outdoor duty 24 each 4 L/s Providing and applying finishing coats compound light poles, two coat synthetic enamel paint ( Green) on existing pole including primers 24 each 5 PC0178/ CL0002 Providing and laying of one number PVC insulated and sheathed power cable copper/aluminum, armored / un armored 1.1KV single core to four core direct in the ground including excavation, sand cushing, protective covering and refilling the trenches etc. as required, Above 6sq.mm to 25sq.mm 280 m 6 PC0178 Supplying of 4 Core 1.1KV grade PVC insulated and sheathed Aluminum conductor armored power 10 sq.mm. 280 m Total Nu: